[2021] KEHC 1236 (KLR)
The court found that the applicants fulfilled all statutory requirements for adoption, including demonstrating financial stability, a suitable home environment, and a prior successful adoption. The Department of Children Services confirmed the child’s full integration and bonding with the applicants’ family. The...
Source-derived case information.
- Citation
- [2021] KEHC 1236 (KLR)
- Parties
- Applicant: SNA; Applicant: RNG
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 3 of 2020
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- JK Mulwa, RM Mwongo
- Legal Topics
- Adoption Orders, Best Interests of Child, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SNA
Applicant
RNG
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt Baby CG.
- 2 Whether the adoption is in the best interests of the child as required by law.
- 3 Whether the proposed legal guardians are suitable for appointment.
Ratio Decidendi
The court found that the applicants fulfilled all statutory requirements for adoption, including demonstrating financial stability, a suitable home environment, and a prior successful adoption. The Department of Children Services confirmed the child’s full integration and bonding with the applicants’ family. The court emphasized that the best interests of the child are paramount, as mandated by the Constitution and the Children’s Act. The applicants’ proposal of suitable legal guardians further satisfied statutory safeguards. Accordingly, the court concluded that authorizing the adoption would serve the child’s welfare and development, and all legal prerequisites had been met.
Court Disposition
adoption granted
Orders
- The applicants SNA and RNG are authorized to adopt Baby CG, to be known as AWN.
- AWA and FKM are appointed as the legal guardians of the child.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT KERUGOYA
ADOPTION CAUSE NO. 3 OF 2020 (O.S)
IN THE MATTER OF THE CHILDREN’S ACT
AND
IN THE MATTER OF BABY CG (CHILD)
AND
SNA......................................1ST APPLICANT
RNG...................................2ND APPLICANT
JUDGMENT
1. By an Originating Summons dated 27. 2.2020, the Applicants SNA and RNG, a married couple sought for adoption orders of one Baby CG born on the 6. 8.2018 to one CMI who offered up the child for adoption through K.K.P.I Adoption society and after being taken through the legal process in Nairobi Children’s Case No. 285 of 2019 successfully and committal of the child for custody to House of Charity Children’s Home. The child was declared free for adoption.
2. In their application which is supported by a statement and an affidavit, the applicant state and swear to their fitness to adopt the proposed baby. They are both employees of [Particulars Withheld] University and earn a stable income to be able to support and provide for the child’s financial needs. They also own land.
Apart from the proposed child, the Applicants have earlier on also adopted a baby boy namely Baby MP vide Adoption Cause No. 1 of 2017 – Kerugoya, and it is their desire to be authorized to adopt a second child, the proposed child.
3. I have considered the report from the Department of Children Services, County Coordinator Kirinyaga County. It is confirmed that the child has fully bonded with the applicant’s family and the home environment is conducive to healthy growth of the children. They recommend that the prospective parents be authorized to adopt the baby.
4. Article 53 (2) of the Children’s Act emphasizes that the child’s best interests are of paramount importance in every aspect concerning the child’s welfare.
This is further emphasized under Section 4 (2) and (3)that:
“In all actions concerning children whether undertaken by public or private social welfare institutions, courts of law, administrative authorities of legislative bodies, the best interests of the child shall be a primary consideration”.
5. Section 15 A (1) of the Children’s Actmandates the court to make an adoption order if it is satisfied that it is for the best interest of the child and upon all legal requirements being complied with.
6. The Applicants have proposed AWA and FKM to be appointed the legal guardians to the child.
7. Having considered all the affidavits statements and documents filed herewith, I am satisfied that it would be in the best interest of the child that the applicants are authorized to adopt the proposed baby.
I therefore proceed to make the following orders: -
1. That the Applicants SNA and RNG be and are hereby authorized to adopt Baby CG, to be known as AWN.
2. That AWA and FKM be and are hereby appointed as the legal guardians of the child.
3. That the Registrar General is directed to enter into the Adopted Children’s Register an entry recording the adoption, and a birth certificate be issued to the minor Baby.
Dated and Signed at Kerugoya this………..day of…….…….2021
J. N. MULWA
JUDGE
DATED AND DELIVERED AT KERUGOYA THIS 30TH DAY OF NOVEMBER, 2021
R. M. MWONGO
JUDGE